Mellwin Construction Co. v. Zelinger

Plaintiff in error, to which we shall refer herein as plaintiff, brought action against defendant in error, Zelinger, hereinafter referred to as defendant, or by name, to recover on a written contract for the construction of a commercial building. Defendant filed a responsive answer and counterclaim, asserting defective construction of the building and a failure to comply with the plans and specifications. One Schrepferman, an experienced building contractor, was appointed a special master to take evidence, make findings of fact and conclusions of law and report same to the trial court. After…